Bayer Prevails in Tenn. Federal Yaz Stroke Case on Preemption Defense

March 7, 2019

KNOXVILLE, Tenn. — Bayer has prevailed in a lawsuit asserted by a woman who suffered a stroke after taking birth control pill Yaz because a Tennessee federal judge found no evidence that the drug maker wrongly failed to update its warning label with new information regarding the drug’s risks.

In a March 6 order, Chief Judge Thomas A. Varlan of the U.S. District Court for the Eastern District of Tennessee found the complaint does not contain any “newly acquired information,” or even a “new analyses of previously submitted data,” on the basis of which Bayer could have changed the Yaz ...